CONDITIONS GENERALES D’UTILISATION DE TVL MARLIN Always On

The following General Conditions of Use define the rights and obligations of TVL and the Subscriber for the supply of Internet access and associated services.

Some TVL services may have Specific Conditions of Use which complement these General Conditions of Use.

These Conditions of Use take effect as soon as the Subscriber signs this document.

I. GENERAL ARRANGEMENTS

1. DEFINITIONS

Under the present General Conditions of Use, words or expressions starting with a capital letter will have the following significance:

Subscriber : physical and able person who has subscribed to a TVL service.

DOCSIS Wireless : Wireless technology (radio microwaves) which allows data transmission at high speed while remaining permanently connected to Internet. The Subscriber has a cable modem and an antenna (transceiver radio) which communicates directly with TVL without any additional cable.

‘’Usage tracking in MB’’: is a link on the TVL Website that allows the Subscriber to login and track daily incoming and outgoing traffic in MB.

TVL Customer Services: Information and assistance provided by TVL for its subscribers. Customer Services can be contacted by telephone at the number, tariff and opening hours specified on TVL Website, or by electronic mail at the address specified on TVL Website, or by fax at the number specified on TVL Website, or by mail at the following address: TVL Customer Services – P.O.Box 146, Port-Vila, Vanuatu.

TVL Website: Descriptions of the content and service provided by TVL are available on the following internet link: http://www.tvl.net.vu

2. ASSOCIATED SERVICES

2.1. Electronic mail

TVL provides at least one email box to each Subscriber. This email box can be used to send, receive and keep email messages.

The mailbox created by TVL at subscription time will be the main email address of the Subscriber. The Subscriber undertakes to regularly consult his or her mail box and to read TVL messages which will be sent at this address. All emails sent by TVL to the main email address of its Subscribers are considering as received and read by the Subscriber.

The specifications of the email boxes are as follows:

(a) Each mailbox is limited to 30 MB in size. There is no size limit per message. Messages will not be delivered if the mailbox size is over the limit.

(b) Webmail interface has a limit of 2 MB per message. Otherwise, there is no limit on message size.

(d) On the webmail interface, the “deleted” folder is not automatically deleted by the system, but must be cleared by customers using the ‘Purge’ link.

(e) If we delete any email messages under the terms of this agreement, we are not required to notify you or the sender of the mail message(s).

TVL is not responsible for the Subscriber’s mail box exceeding the size limit, and the eventual loss of messages due to over size.

TVL reserves the right to reject the transmission or the storage of messages which may affect the general service quality provided by TVL to its Subscribers due to the fact that there are too many recipients, virus content, or over-size messages, for example.

TVL does not guarantee the integrity of data stored by the Subscriber on TVL servers, and does not guarantee the accuracy or storage of messages passing through its systems.

2.2. Other services

TVL also offers to its Subscribers other free or charged services (such as website hosting, managed security services, etc). These products may have separate Terms and Conditions in addition to these General Conditions of Use.

3. FINANCIAL CONDITIONS

3.1. Payment arrangements

There are various payment methods available to the Subscriber :

(a) Pay in person at TVL Front Desk (TVL Commercial Counter)

(b) Direct Debit. In this case, the following information must be provided: Bank details and direct debit form completed and signed.

(d) Bank transfer.

TVL accepts Cash payment, Cheque payment, payment by VISA Card, MASTER Card, AMEX Card and local ACCESS Card.

For any subscription to TVL services, the following information must be provided whatever the type of payment being used:

· Identity Document (passport, driving licence, VNPF card, identity card…)

· Complete local Vanuatu postal address only (TVL does not accept foreign postal address)

Accounts shall be prepared monthly and sent by ordinary post to the billing address specified in the service application (or such other address as notified to TVL in writing). The Subscriber is billed at the end of each month. If a suscribtion starts during any day of the month the subscriber will be billed for the remaining days of that initial month.

The Customer who applies for service shall be responsible for payment of accounts for such service and bills for all charges in connection therewith will be rendered to such Customer.

Failure to receive for any reason whatsoever an account addressed to the last address notified to TVL shall not exempt a customer from payment of the account by the due date.

Invoice indicates :

- The price and the commercial name of the product subscribed

- Additional charged services

- If necessary, the details of excessive usage of time or downloaded data, charged in supplementary hours or Mega Bytes following TVL Tariffs detailed on TVL Website or at the time of the subscription.

All recording of usage data by TVL information systems is binding. Enquiries or disputes concerning any bill must be submitted to TVL Customers Services within one month of the bill issue date. Nothing in this condition shall relieve the customer from paying the charges on or before the payment date indicated on the bill.

In the case the customer’s account is in arrears after due notice has been sent to the address specified by the Customer, TVL reserves the right to terminate the services at any time without further notice and to undertake legal action directly against the Subscriber to recover the sums due, including all expenses generated by the recovery of an overdue account.

3.2. Tariff revision

TVL reserves the right to modify its tariffs at any time. Accurate tariffs will be detailed on TVL Website.

4. TVL OBLIGATIONS

4.1. Quality of service

Where a Subscriber would normally be charged by TVL for internet access, the Subscriber may request a credit note for the portion of the billing period where that access is not available. A credit note is not available for service interruptions due to regular maintenance or network modification. The credit request can be submitted to The Customer services by email or postal mail, or by fax or directly at TVL Commercial Counter.

TVL may apply the Customer’s credit to the Customer’s next bill, at TVL’s sole discretion.

4.2. Privacy and personal data protection

Information collected by TVL at the time of subscription is compulsory and necessary for supplying services. TVL insures the protection, integrity and confidentiality of all personal information collected, as well as the privacy of all personal mails. The Subscriber can access, modify and cancel his personal information at any time by submitting his request to TVL Customer Service. The commercial use of the information given by the Customer to TVL must be approved by the Customer.

5. SUBSCRIBER’S RIGHTS AND OBLIGATIONS

Subscriber’s right to use TVL Services is personal and non-transferable. There can only be one simultaneous connection per user.

5.1. Change of service

The Subscriber is able to subscribe to a different product following the Terms and Conditions of both the current and new products. These are set out in the specific Conditions of Use of each product.

5.2. Subscriber’s identification

Subscriber undertakes to give correct information to TVL at the time of subscription. The Subscriber has the obligation to keep secret his or her personal access information. The Subscriber is responsible for usage of services made with his or her personal access information.

In the case of loss, theft or accidental disclosure of the Subscriber’s personal access information, TVL must be informed as soon as possible.

5.3. Risks inherent in Internet use

The Subscriber is aware that information passing over the Internet is not protected, and it is the Subscriber’s responsibility to protect his or her own information. The Subscriber accepts full responsibility for the disclosure of any personal information transmitted over the Internet.

The Subscriber is expected to take measures to protect his data and software against intrusions and virus contamination.

The Subscriber should become familiar with software, such as firewall and anti-virus packages, designed to protect his or her personal information from network attacks or hacking.

5.4. Protection of minors

The Subscriber is obliged to ensure that people under his or her protection are not harmed as a result of their Internet access. This includes restricting access to certain sites which offend morality, or which provide inappropriate or illegal content. The Subscriber commits to ensure that minors using the Subscriber’s internet access are doing so only with the Subscriber’s full knowledge, and under the Subscriber’s full control.

TVL advises the Subscriber that parental control softwares exist and are aimed at filtering which can cause harm to minors.

5.5. Acceptable use policy of TVL’s services

5.5.1. Respect of laws and regulations

The Subscriber must not use the provided services in any way which will break the law.

(a) The Subscriber must not send, display, access, make available, publish, distribute or be otherwise involved, in any way, in materials which:

· unlawfully incite discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality,

· present pedophile, pornographic, obscene, defamatory, offensive, or abusive material,

· results, or could result, in damage to property, or injury to any person,

In the same way, the Subscriber must not use services to :

(b) infringe the property rights of others especially, but not only, intellectual or industrial property, and moral rights,

(d) make available to minors unlawful or illegal data or images,

(e) establish contact with an unknown minor,